How can I satisfy the requirement for a certified copy of a foreign application in a continuing application?
In a continuing application, you can satisfy the requirement for a certified copy of a foreign application without actually filing the certified copy again. According to 37 CFR 1.55(h): The requirement for a certified copy of the foreign application will be considered satisfied in an application if a prior-filed nonprovisional application for which a benefit…
Read MoreWhen is a separate written request required for retrieving foreign applications under PDX?
A separate written request is required in specific situations, as outlined in MPEP 215.01: A separate written request may be used when the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating foreign intellectual property office after the foreign priority has been claimed, so long…
Read MoreWhat is the significance of the ADS in correcting or adding a benefit claim?
What is the significance of the Application Data Sheet (ADS) in correcting or adding a benefit claim? The Application Data Sheet (ADS) plays a crucial role in correcting or adding a benefit claim after filing. According to MPEP 211.02(a): A corrected ADS (along with a petition under 37 CFR 1.78 and the petition fee) is…
Read MoreWhat is the significance of the change from 37 CFR 1.60 to 37 CFR 1.53(b) for patent applicants?
The change from 37 CFR 1.60 to 37 CFR 1.53(b) represents a significant shift in the procedure for filing continuation and divisional applications. After December 1, 1997, all such applications are processed under 37 CFR 1.53(b), which may have different requirements and procedures. Patent applicants need to be aware of this change to ensure they…
Read MoreHow is small entity or micro entity status handled in continuing applications?
For continuing applications, small entity or micro entity status must be re-established. The MPEP states: If small entity status has been established in a parent application and is still proper and desired in a continuation, continuation-in-part, or divisional application filed under 37 CFR 1.53(b), a new assertion as to the continued entitlement to small entity…
Read MoreWhat is the ‘statement of unintentional delay’ required for a delayed priority claim?
The ‘statement of unintentional delay’ is a crucial component of a petition to accept an unintentionally delayed priority claim. According to MPEP 214.02: The Director may require additional information where there is a question whether the delay was unintentional. This statement must affirm that the entire delay between the date the priority claim was due…
Read MoreAre there any subject matter restrictions for claiming priority based on inventor’s certificates?
Yes, there can be subject matter restrictions when claiming priority based on inventor’s certificates. The MPEP 213.05 states: Certain countries which grant both patents and inventor’s certificates issue only inventor’s certificates on certain subject matter, generally pharmaceuticals, foodstuffs, and cosmetics. This means that for certain types of inventions, some countries may only offer inventor’s certificates…
Read MoreWhat is the procedure for submitting a priority document in an international application?
The procedure for submitting a priority document in an international application is outlined in PCT Rule 17. According to the MPEP: Where the priority of an earlier national or international application is claimed under Article 8, a copy of that earlier application, certified by the authority with which it was filed (‘the priority document’), shall……
Read MoreHow should applicants submit written status inquiries to the USPTO?
How should applicants submit written status inquiries to the USPTO? When submitting written status inquiries to the USPTO, applicants should follow these guidelines: Include the application serial number, filing date, and art unit (if known). Provide a specific description of the precise information requested. Include any necessary authorization for release of information. Submit the inquiry…
Read MoreWhat is a ‘substitute’ application in patent law?
A ‘substitute’ application in patent law is essentially a duplicate of an earlier application that was abandoned before the filing of the later application. The MPEP provides the following definition: A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Key points…
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